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1 JACOB O. PARTIYELI, ESQ. (SBN: 295967)
Law Office of Jacob O. Partiyeli
2
Complex Litigation Bureau
3 4751 Whittier Blvd.
Los Angeles, California. 90022
4 Phone:310-801-1919
Fax: 323-647-2387
E-service Email: complex@jacobfights.com
6
Attorney for Plaintiffs
1
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
9
UNLIMITED JURISDICTION
10
11
12 NORMA CASTILLO, AN INDIVIDUAL; Case No.:
LEONARDO RODRIGUEZ, AN
13 INDIVIDUAL;
COMPLAINT FOR DAMAGES FOR:
14 Plaintiffs,
1. VIOLATION OF CALIFORNIA CIVIL
CODE § 1942.4
16
CARMELO MORALES, AN INDIVIDUAL; 2. TORTIOUS BREACH OF THE
17 OLIVIA GOMEZ DE MORALES, AN WARRANTY OF HABITABILITY
INDIVIDUAL; AND DOES 1-100,
18
INCLUSIVE, 3. PRIVATE NUISANCE
19
Defendants.
4. BUSINESS AND PROFESSIONS CODE
20 § 17200, ET SEQ.
21
5. NEGLIGENCE
22
23 '
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCE13. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 1 -
Doc ID: c4cc00830ba047d3f23c37108ca2 I3d4f98862a7
1 6. BREACH OF COVENANT OF QUIET
2
ENJOYMENT
3 7. INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
4
5
8. NEGLIGENCE PER SE
6 9. VIOLATION OF CONSUMER LEGAL
REMEDIES ACT, CALIFORNIA CIVIL
7 CODE § 1750, ET SEQ.
8
10. TOXIC ENVIRONMENTAL MOLD
9 TORT
10 11. INTENTIONAL INFLUENCE TO
11
VACATE
12 12. VIOLATION OF LOS ANGELES
MUNICIPAL TENANT ANTI¬
13 HARASSMENT ORDINANCE
14
13. BREACH OF CONTRACT
15
14. CONVERSION, PENAL CODE § 496
16
17
15. TRESPASS TO CHATTELS
18 16. FALSE ADVERTISING, CALIFORNIA
BUSINESS & PROFESSIONS CODE §
19 17500, ET SEQ.
20
17. UNPERMITTED/ILLEGAL UNIT IN
21 VIOLATION OF COMMON LAW
22 18. CONVERSION OF PRIVATE
23
PROPERTY
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCE13. BREACH OF CONTRACT14.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 2 -
Doc ID: c4cc00830ba047d3f23c37108ca213d4f98862a7
1
2
19. TERMINATION OF ESTATE
3
-DEMAND FOR JURY TRIAL—
4
5
6
COMES NOW THE PLAINTIFFS, NORMA CASTILLO AND LEONARDO
7
RODRIGUEZ, WHO HEREBY SUBMITS THIS LAWSUIT AND CORRESPONDING
8
9 EVIDENCE, AND EACH OF THEM, ALLEGE THE FOLLOWING ON
10 INFORMATION AND BELIEF AND DEMAND A JURY TRIAL:
11
1. The Individual Plaintiffs, Norma Castillo, An Individual, and Leonardo Rodriguez,
12
An Individual; herein, and each of them, are, and all relevant times was a tenant of
13
the residential property located at: 118 E. 98th Street. Los Angeles, California. 90003,
14
15 hereinafter “THE SUBJECT PROPERTY” “PREMISES” which is located in the City
16 of Los Angeles. Plaintiffs have at all material times satisfied their lease and was in
17
lawful possession of the SUBJECT PROPERTY.
18
2. On information and belief, the Subject Property falls under the Rent Stabilization
19
20
Ordinance of the City of Los Angeles, hereinafter “RSO”, which is codified in the
21 Los Angeles Municipal Code.
22
23
Ill
COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 3 -
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 3. At all relevant times, Defendants were aware of, authorized and/or ratified Plaintiffs
2
occupancy of the Subject Property during the term of each Defendant’s ownership,
3
management or control of the Subject Property. All Plaintiffs were intended
4
beneficiaries of their residential leases, with the right to enforce the leases.
6 Defendants constituted the landlords under each of Plaintiff s leases by virtue of
7 Defendant’s ownership and management of the Subject Property. Defendants at all
8
times consented to the number of people living in each of the Plaintiffs unit, either
9
expressly or by conduct, allowing Plaintiff to occupy the Subject Property. For
10
purposes of this lawsuit, the “Defendant” or “Defendants” shall mean to include,
1
12 CARMELO MORALES, AN INDIVIDUAL; OLIVIA GOMEZ DE MORALES, AN
13 INDIVIDUAL; AND DOES 1-100, INCLUSIVE, who at all times relevant hereto
14
were managers, owners, or agents of the Subject Property. Said Defendants
15
coordinated with each other or ratified such acts to cause the great harms to all of the
16
17
Plaintiffs.
18 4. On information and belief, at all times mentioned herein, Defendants were the agents,
19 servants, employees, successors-in-interest, assigns, subsidiaries, and/or joint
20
venturers of their co-Defendants and were, as such, acting within the purpose, course,
21
scope, and authority of said agency, employment, successor-in-interest, assignment,
22
subsidiary, and/or joint venture. Each and every Defendant as aforesaid was acting as
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 1 9. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 4 -
Doc ID: c4cc00830ba047d3f23c37108ca213d4f98862a7
1 a principal and was negligent in the selection and hiring and retention of each and
2
every Defendant as an agent, employee, successor-in-interest, assignment, subsidiary,
3
and/or joint ventures.
4
5. Whenever reference is made to individuals who are not named as Defendants in this
5
6 Complaint, but who are or were employees, agents, associates, joint venturers,
7 managers, directors, board members, partners, trustees and beneficiaries of
8
Defendants and/or Defendants’ companies or organizations, Plaintiff asserts that the
9
conduct of such individuals at all relevant times was on behalf of Defendants and was
10
within the course and scope of their employment or agency.
11
12 6. Plaintiff is ignorant of the true names and capacities of Defendants sued as DOES 1-
13 100, inclusive, and therefore sue these Defendants by such fictitious names and
14
capacities. On information and belief, each of the Defendants fictitiously named as a
15
DOE is legally responsible, negligently or in some other actionable manner, for the
16
events and happenings hereinafter referred to, and thereby proximately and legally
17
18 caused the injuries and damages to Plaintiff as alleged. Plaintiff will amend this
19 Complaint to insert the true names and/or capacities of such fictitiously named
20
Defendants when the same have been ascertained.
21
7. Plaintiff is informed and believe, and thereon allege that Defendant engaged in
22
activities of a lessor and/or landlord at the Subject Property, including but not limited
23
COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAWS. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 5 -
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 to: receiving rents for the Subject Property; being entitled to receive rents for the
2
Subject Property; leasing of the Subject Property; maintenance of the Subject
3
Property; maintaining books, records and accounts for the Subject Property; obtaining
4
and keeping tenants at the Subject Property; negotiation, renewal, extension,
6 modifications and cancellations of leases for the Subject Property; pursuing legal
7 action against tenants for failing to pay rents due for the Subject Property; inspecting
8 ...
the Subject Property; distribution of notices for the Subject Property; issuing notices
9
of rental increases, and collecting said rent increases; demanding and accepting rent;
10
}j
and/or promulgation of rules for the Subject Property.
12 8. Unless otherwise noted, all above named Defendants will be collectively called or
13 referred to as “Defendant” or “Defendants” throughout this Complaint.
14
9. Venue is proper in Los Angeles County because all of the allegations herein named
15
occurred in this County, and the Plaintiff and Defendants both reside in this County.
16
10. The amount of damages sought herein after is greater than $25,000. This case is
18 within the unlimited jurisdiction of this Court.
19 11. The true names and/or capacities, whether individual, corporate, associate or
20
otherwise, of Defendants DOES 1 through 100, inclusive, are unknown to Plaintiff at
21
this time, and who therefore sue said Defendants by such fictitious names. Plaintiff is
22
informed and believe and thereupon allege that each of the Defendants fictitiously
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW1 8. CONVERSION OF PRIVATE PROPERTYl 9. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 6 -
Doc ID: c4cc00830ba047d3f23c37108ca213d4f98862a7
1 named herein as a DOE is legally responsible, negligently or in some other actionable
2
manner, for the events and happenings hereinafter referred to, and thereby
3
proximately and legally caused the injuries and damages to Plaintiff as hereinafter
4
alleged. The Plaintiff will ask leave of Court to amend this Complaint to insert the
6 true names and/or capacities of such fictitiously named Defendants when the same
7 have been ascertained.
8
12. At all times mentioned herein, each of the Defendants and DOES was/were the
9
agent(s), employee(s) and representative(s) of every other Defendant and DOE, and
10
in doing the things hereinafter alleged, was acting within the course and scope of such
12 agency, service and representation, and directed, aided and abetted, authorized or
13 ratified each and every act and conduct hereinafter alleged.
14
13. Plaintiff is informed and believe, and thereon allege, that an officer, director or
15
managing agent of each DOE Defendant, who is an entity, had advance knowledge of
16
the unfitness of the agent, employee or representative who committed unlawful acts
18 and the entity employed such agent, employee or representative with a conscious
19 disregard of the rights and/or safety of others, authorized or ratified the wrongful
20
conduct, or was personally guilty of oppression or malice.
21
14. At all times mentioned herein, each of the Defendants was the co-tortfeasor of each of
22
the other Defendants in doing the things hereinafter alleged.
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT 1 1. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTS.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 1 9. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 7 -
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 1 5. Plaintiffs are informed and believe, and thereon upon allege, that an officer, director,
2
or managing agent of Defendants either committed the following unlawful acts
3
against Plaintiffs or had advance knowledge of the unfitness of agents, employees or
4
representatives who committed the following unlawful acts against Plaintiffs,
6 including on-site and off-site managers, regional managers, property supervisors,
7 repairmen, pest control operators, licensed and unlicensed contractors, as well as
8
individuals by the names who have been identified as DOE Defendants.
9
16. Defendant employed such agent(s), employee(s) or representative(s) as identified as
10
DOE Defendants with a conscious disregard of the rights and/or safety of others,
11
12 authorized or ratified the wrongful conduct by among other things, refusing to change
13 course of action or make repairs in spite of written notices to comply and enforcement
14
measures by the City and County of Los Angeles as alleged in the below paragraphs,
15
in spite of actual notice and knowledge of harms suffered by Plaintiff as alleged in
16
this Complaint and for a period of time exceeding many years. Furthermore,
17
18 Defendants are guilty of oppression and/or malice against Plaintiff.
19 17. Upon information and believe, the Subject Property has been subject to multiple
20
inspections by the Los Angeles Department of Building & Safety “Building
21
Department” the Los Angeles Housing and Community Investment Department
22
“Housing Department” and the Los Angeles Department of Public Health that
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 8 -
Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7
1 resulted in citations against the Defendant for multiple violations of the California
2
Civil Code, the California Health and Safety Code, the Los Angeles Municipal Code,
3
or the respective city government municipal code corresponding to the Subject
4
Property.
5
6 18. Upon information and belief, multiple violations were not abated within 35 days of
7 these notices.
8
19. Upon information and belief, the violations issued to Defendants include violations of
9
the Los Angeles County Code, Title 1 1, including but not limited to sections
10
11.16.020, 11.16.030, 11.16.050, 11.16.060, 11.20.140, 11.20.160, 11.20.170,
11
12 11.20.330, 11.20.340, 11.30.010, 11.30.050, 11.30.060, 1 1.30.070, and 11.30.080,
13 deeming the Subject Property a substandard dwelling.
14
20. Los Angeles County Code, Title 11, section 11.20.140 defines a substandard dwelling
15
as “any dwelling, house court, dormitory, hotel, motel or apartment house which,
16
through lack of maintenance or repair, generally endangers the life, limb, health,
17
18 property, safety or welfare of the public, or of the occupants thereof.”
19 21. The habitability violations were and/or are located in the interior and exterior of the
20
Subject Property including illegal unit converted without permits or approvals, bug
21
infestation, mold contamination, improper ventilation, dysfunctional plumbing
22
systems, illegal heater, dysfunctional air conditioning system, deficient
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- - 9
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 weatherproofing, deteriorated and creaky flooring, and deteriorated floors, walls,
2
ceiling, and doors.
3
22. At all times mentioned herein, Defendants owned, leased, and/or managed the
4
Property and were therefore subject to common law and statutory duties which
6 required Defendants to provide Plaintiff with a habitable apartment that complied
7 with all habitability requirements imposed by federal, state, county, and local law,
8 •
including,
...
but not limited to: Civil Code section 1941.1 and Health and Safety Code
9
section 17920.3. Notwithstanding these non-waivable and non-delegable duties,
10
j1
Defendants breached their common law and statutory duties of care by failing to
12 repair and maintain the Property. Defendant’s gross failure to maintain the
13 habitability of the Property threatens and/or threatened the health and safety of
14
Plaintiff, her children, and the larger community by exposing them to the hazardous
15
conditions described herein.
16
23. As a consequence of the conditions, Plaintiffs have sustained injuries and health
18 problems caused or exacerbated by the conditions. As an additional consequence of
19 the conditions and the physical injuries caused by the conditions, the Plaintiffs have
20
also sustained mental suffering, frustration and emotional distress.
21
24. Each Plaintiff resided as a tenant in an apartment at the Subject Property during the
22
period in which Defendants owed, managed and exercised possession and control of
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ, 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 10 -
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1 the premises. During the tenancies, Plaintiff was and is exposed to the following
2
substandard conditions, which also exist or existed all throughout the Subject
3
Property:
4
a. Illegal unit converted without permits or approvals;
5
6 b. Bug and cockroach infestations;
7 c. Toxic mold contamination;
8
d. Improper ventilation;
9
e. Dysfunctional plumbing systems;
10
f. Illegal electrical panels and daily electrical black-outs;
11
12 g. Dysfunctional air conditioning system;
13 h. Deficient weatherproofing;
14
i. Leaking roof and ceiling;
15
j. Deteriorated and creaky flooring;
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k. Deteriorated floors, walls, ceiling, and doors.
17
18 25. The Subject Property is an illegal unit, and an unapproved unit on or about August
19 14, 2023. The City of Los Angeles has declared the property to be illegal under case
20
no. 988675 and City government order no. A-6038321. The City of Los Angeles has
21
declared the property to be in grave violation of Los Angeles Municipal Code
22
sections and laws as follows:
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATED. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCE13. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- - 1 1
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 A. The building or premises is Substandard due to illegal occupancy;
2
B. The building or premises is Substandard due to hazardous plumbing;
3
C. The building or premises is Substandard due to hazardous electrical wiring;
4
D. Approximately 12’ x 16’ garage addition was/is constructed without the required
5
6 permits and approvals;
7 E. Garage conversion into dwelling was/is constructed without the required permits
8 j 1
and approvals;
9
F. Open storage within the required yards;
10
G. Maintenance and repair of existing building and premises.
!
12 26. The Subject Property was given a compliance date of September 13, 2023, yet such
13 repairs were not made according to the law and government requirements. The City
14
of Los Angeles Cited the owners herein for violations of the Los Angeles Municipal
15
Code sections: 91.8902.14, 91.8902, 91.103.1, 91.5R103.1, 12.21A.l(a), 98.0421,
16
91.8902.5, 91.8902, 91.103.1, 12.21A.l(a), 91.8902.4, 91.8902, 91.103.1, 91.8902,
18 91.8105, 91.8104, 91.5R106. 1.1, 91.5R106.1.2, 91.5R108.4, 91.5R106.3.2,
19 91.5R103.1, 91.8105, 91.5R106.1.1, 91.5R106.1.2, 91.5R103.1, 93.0104, 93.0201,
20
94.103.1.1, 95.112.1, 12.03, 12.21A.l.(a), 12.21C.l.(g), 91.8104.2, 91.103.1,
21
91.5R103.1, and 12.21A(l)(a).
COMPLAINT FOR DAMAGES FORT. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRAC T 1 4.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 12 -
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 27. The Property suffers from a bug infestation, where small brown and black bugs and
2
cockroaches proliferate throughout the Property. The infestation worsens when it is
3
hot and during the dark hours.
4
28. The Subject Property suffers from extensive mold contamination. The Plaintiff finds
5
6 mold growth in the bathroom on the shower, ceiling, railings/windowsills, and sinks.
7 The Plaintiff alleges the Property’s ventilation and plumbing issues cause and
8
contribute to the mold growth in the Property. Plaintiff is informed and believes and,
9
on that basis, alleges that the mold growth includes mold harmful to human health.
10
Despite regular attempts to clean the visible mold within the apartment, the mold
11
12 reappears because the contamination is entrenched within the walls and foundation of
13 the Property. The Plaintiff sought out a professional to test out the mold
14
contamination, and it is believed that there has been found ELEVATED toxic levels
15
of mold at the property. Such mold is so dangerous that the Plaintiff has developed
16
breathing issues.
17
18 29. The Subject Property suffers from dysfunctional plumbing systems. Plaintiff alleges
19 the plumbing constantly clogs and leaks. One of the bathroom sinks has been clogged
20
for an entire year.
21
///
22
III
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAWS. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 13 -
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
w
1 30. The Subject Property has an air conditioning system which is extremely
2
dysfunctional. The air conditioning draws large quantities of power, but barely
3
releases any air.
4
31. The heater at the Subject Property is extremely old and illegal in the State of
5
6 California. Plaintiff alleges this heater does not have vents, so the carbon monoxide
7 recycles into the unit, and does not work, as noted by the City of Los Angeles.
8
32. The Subject Property does not have sufficient weatherproofing. There are no locks on
9
the windows, posing a security hazard, the windows have large gaps on them, and
10
11
allow rain and wind to enter freely. The illegally converted addition to the house is
12 not insulated, and large amounts of cold air enters the home. The converted addition
13 has large cracking on it. Plaintiff fears it will fall. The Plaintiff also attests that when
14
it rains, the raining water falls inside of the unit and causes severe damage. Recently,
15
the damage was so bad during the wet season that the Plaintiffs property got
16
destroyed because of the internal water damage.
17
18 33. The Property is generally in a state of deterioration. The flooring is extremely creaky
19 and deteriorated, there are gaps in the walls, and the doors are deteriorated.
20
34. There is no proper vent over the stove and no venting on the heater.
21
35. Despite numerous complaints, Defendants routinely ignore these problems, forcing
22
Plaintiff and the other residents to fend for themselves.
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 14 -
Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7
1 36. Defendants have actual and constructive knowledge of the unsafe and unhealthy
2
conditions in the Property because, among other things, they received multiple
3
government notices informing them of violations of numerous health and safety codes
4
and complaints from tenants, including all Plaintiffs. With a simple visual inspection
5
6 of the Property, it would lay bare the myriad health and safety hazards at the
7 Property. Any reasonably diligent landlord, property owner, or property manager
8
would be aware of these uninhabitable and unsafe conditions. Defendants further
9
have actual and constructive knowledge of their legal obligation to maintain the
10
Property in a safe and habitable condition.
11
12 37. Each adult Plaintiff notified the Defendants and their agents about their habitability
13 violations, but Defendants have failed to correct the habitability conditions. The
14
Defendants, and each of them, are experienced owners and/or managers of low-
15
income residential property and are aware that absent appropriate maintenance and
16
professional pest control, serious habitability violations will develop that would
17
18 seriously and materially affect the Plaintiffs tenancies.
19 38. Despite knowing of the substandard and dangerous conditions at the Property, the
20
Defendants refuse to take action to adequately address them and have ratified the
21
failure of their employees and/or agents to take reasonable corrective action. The
22
Defendants even ignore direct requests from their tenants with complete impunity.
23
COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES, BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 15 -
Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 39. The Defendants have failed to take appropriate remedial measures and to abate the
2
defects in the Subject Property to save money, and to increase the Defendant’s cash
3
flow and net income arising from their ownership and management of the Subject
4
Property. On information and belief, discovery of the Defendant’s profit and loss
6 statements will reveal that, at all relevant times, the Defendants failed to spend
7 sufficient monies on repair, maintenance, and remediation efforts consistent with the
g
applicable and relevant standards of care to which the Defendants are held as owners,
9
managers, and operators of a residential property.
10
jj
40. The Plaintiff was indeed injured given the actions of the Defendant. Plaintiffs suffer
12 and/or suffered health problems due to the infestation of cockroaches, the mold
D contamination, and the generally unsafe and unsanitary conditions in the Property.
14
The Plaintiff regularly suffers from and received medical attention for: cold and flu-
15
like symptoms, respiratory, fatigue, headaches, chest pains, and other related
16
ailments.
18 41. Due to the disgusting daily conditions they endured, Plaintiffs emotional and mental
19 health have suffered. The conditions at the Property in question have caused Plaintiff
20
to experience immense stress, anxiety, depression, fearfulness, worry, loss of appetite,
21
loss of sleep, nightmares, disgust, shame, and embarrassment. Plaintiff has minor
22
children and have suffered the additional anxiety of feeling desperate and helpless to
COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 1 7200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATED. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTS.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- 16 -
Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7
1 protect their children from the ubiquitous hazards and safety risks in their home and
2
at the Property.
3
42. Plaintiff has sustained and/or continues to sustain a variety of economic damages
4
because of the Defendant’s conduct. Plaintiff alleges the Defendant has damaged their
6 state of mind with his harassment and gross illegal actions forthwith.
7 43. Defendant’s systematic behavior resulting in the aforementioned injuries to Plaintiff
8 •
is deliberate and undertaken with malice and/or oppression within the meaning of
9
Civil Code section 3294.
10
44. Defendants’ behavior is malicious because they engage in despicable conduct that
12 willfully and consciously disregards the legal and equitable rights of their tenants.
13 Defendants know that the conditions throughout the Property raise serious health and
14
safety concerns and violate the law and the rights of their tenants, but consciously fail
15
to take corrective action to address said conditions.
16
45. This despicable conduct is oppressive because it subjects the tenant to cruel and
18 unjust hardship in conscious disregard of their rights. Defendant’s conduct is
19 intended to exploit their vulnerable tenants by extracting as much money as possible
20
from them while subjecting them to unlawful, uninhabitable living conditions.
21
46. Defendants, and each of them, individually and/or by and through an officer, director,
22
23
or managing agent, including but not limited to Defendants and DOES 1-100,
COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS
24 BREACH OF THE WARRANTY OF HAB1TABILITY3. PRIVATE NUISANCE4. BUSINESS AND
PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET
25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9.
VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10.
26 TOXIC ENVIRONMENTAL MOLD TORT1 1 . INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF
LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU.
27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING,
CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/1LLEGAL UNIT IN
28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF
ESTATE-DEMAND FOR JURY TRIAL- - 17
Doc ID: O4cc00830ba047d3f23c37108ca2l3d4f98862a7
1 authorized or ratified the conduct for which punitive damages are sought and/or are
2
personally guilty of oppression and malice.
3
47. On information and belief, in spite of numerous Notices and Orders to Comply from
4
government entities, Defendant has failed to correct the cited deficiencies throughout
6 the Subject Property. Government Citations have been issued because of the
7 Defendants’ gross and illegal violations, yet such violations have not been properly
8
rectified according to the law of the City of Los Angeles.
9
48. Throughout the tenancy, the Plaintiff has suffered uninhabitable, substandard housing
10
11
conditions in the building and within their rental unit, including illegal unit converted
12 without permits or approvals, bug and cockroach infestations, mold contamination,
13 improper ventilation, dysfunctional plumbing systems, illegal heater and AC systems,
14
dysfunctional air conditioning system, deficient weatherproofing, deteriorated and
15
creaky flooring, and deteriorated floors, walls, ceiling, and doors.
16
49. On the rare occasions that the Defendant has undertaken repairs at the Subject
17
18 Property, Defendant has done so in a haphazard and substandard manner by failing to
19 hire professional or licensed contractors, failing to actually repair the known
20
substandard conditions and instead performing piecemeal and cosmetic work, and
21
f
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1 JACOB O. PARTIYELI, ESQ. (SBN: 295967) Law Office of Jacob O. Partiyeli 2 Complex Litigation Bureau 3 4751 Whittier Blvd. Los Angeles, California. 90022 4 Phone:310-801-1919 Fax: 323-647-2387 E-service Email: complex@jacobfights.com 6 Attorney for Plaintiffs 1 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES 9 UNLIMITED JURISDICTION 10 11 12 NORMA CASTILLO, AN INDIVIDUAL; Case No.: LEONARDO RODRIGUEZ, AN 13 INDIVIDUAL; COMPLAINT FOR DAMAGES FOR: 14 Plaintiffs, 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.4 16 CARMELO MORALES, AN INDIVIDUAL; 2. TORTIOUS BREACH OF THE 17 OLIVIA GOMEZ DE MORALES, AN WARRANTY OF HABITABILITY INDIVIDUAL; AND DOES 1-100, 18 INCLUSIVE, 3. PRIVATE NUISANCE 19 Defendants. 4. BUSINESS AND PROFESSIONS CODE 20 § 17200, ET SEQ. 21 5. NEGLIGENCE 22 23 ' COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCE13. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 1 - Doc ID: c4cc00830ba047d3f23c37108ca2 I3d4f98862a7 1 6. BREACH OF COVENANT OF QUIET 2 ENJOYMENT 3 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 4 5 8. NEGLIGENCE PER SE 6 9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL 7 CODE § 1750, ET SEQ. 8 10. TOXIC ENVIRONMENTAL MOLD 9 TORT 10 11. INTENTIONAL INFLUENCE TO 11 VACATE 12 12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI¬ 13 HARASSMENT ORDINANCE 14 13. BREACH OF CONTRACT 15 14. CONVERSION, PENAL CODE § 496 16 17 15. TRESPASS TO CHATTELS 18 16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 19 17500, ET SEQ. 20 17. UNPERMITTED/ILLEGAL UNIT IN 21 VIOLATION OF COMMON LAW 22 18. CONVERSION OF PRIVATE 23 PROPERTY COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCE13. BREACH OF CONTRACT14. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 2 - Doc ID: c4cc00830ba047d3f23c37108ca213d4f98862a7 1 2 19. TERMINATION OF ESTATE 3 -DEMAND FOR JURY TRIAL— 4 5 6 COMES NOW THE PLAINTIFFS, NORMA CASTILLO AND LEONARDO 7 RODRIGUEZ, WHO HEREBY SUBMITS THIS LAWSUIT AND CORRESPONDING 8 9 EVIDENCE, AND EACH OF THEM, ALLEGE THE FOLLOWING ON 10 INFORMATION AND BELIEF AND DEMAND A JURY TRIAL: 11 1. The Individual Plaintiffs, Norma Castillo, An Individual, and Leonardo Rodriguez, 12 An Individual; herein, and each of them, are, and all relevant times was a tenant of 13 the residential property located at: 118 E. 98th Street. Los Angeles, California. 90003, 14 15 hereinafter “THE SUBJECT PROPERTY” “PREMISES” which is located in the City 16 of Los Angeles. Plaintiffs have at all material times satisfied their lease and was in 17 lawful possession of the SUBJECT PROPERTY. 18 2. On information and belief, the Subject Property falls under the Rent Stabilization 19 20 Ordinance of the City of Los Angeles, hereinafter “RSO”, which is codified in the 21 Los Angeles Municipal Code. 22 23 Ill COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 3 - Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 3. At all relevant times, Defendants were aware of, authorized and/or ratified Plaintiffs 2 occupancy of the Subject Property during the term of each Defendant’s ownership, 3 management or control of the Subject Property. All Plaintiffs were intended 4 beneficiaries of their residential leases, with the right to enforce the leases. 6 Defendants constituted the landlords under each of Plaintiff s leases by virtue of 7 Defendant’s ownership and management of the Subject Property. Defendants at all 8 times consented to the number of people living in each of the Plaintiffs unit, either 9 expressly or by conduct, allowing Plaintiff to occupy the Subject Property. For 10 purposes of this lawsuit, the “Defendant” or “Defendants” shall mean to include, 1 12 CARMELO MORALES, AN INDIVIDUAL; OLIVIA GOMEZ DE MORALES, AN 13 INDIVIDUAL; AND DOES 1-100, INCLUSIVE, who at all times relevant hereto 14 were managers, owners, or agents of the Subject Property. Said Defendants 15 coordinated with each other or ratified such acts to cause the great harms to all of the 16 17 Plaintiffs. 18 4. On information and belief, at all times mentioned herein, Defendants were the agents, 19 servants, employees, successors-in-interest, assigns, subsidiaries, and/or joint 20 venturers of their co-Defendants and were, as such, acting within the purpose, course, 21 scope, and authority of said agency, employment, successor-in-interest, assignment, 22 subsidiary, and/or joint venture. Each and every Defendant as aforesaid was acting as 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 1 9. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 4 - Doc ID: c4cc00830ba047d3f23c37108ca213d4f98862a7 1 a principal and was negligent in the selection and hiring and retention of each and 2 every Defendant as an agent, employee, successor-in-interest, assignment, subsidiary, 3 and/or joint ventures. 4 5. Whenever reference is made to individuals who are not named as Defendants in this 5 6 Complaint, but who are or were employees, agents, associates, joint venturers, 7 managers, directors, board members, partners, trustees and beneficiaries of 8 Defendants and/or Defendants’ companies or organizations, Plaintiff asserts that the 9 conduct of such individuals at all relevant times was on behalf of Defendants and was 10 within the course and scope of their employment or agency. 11 12 6. Plaintiff is ignorant of the true names and capacities of Defendants sued as DOES 1- 13 100, inclusive, and therefore sue these Defendants by such fictitious names and 14 capacities. On information and belief, each of the Defendants fictitiously named as a 15 DOE is legally responsible, negligently or in some other actionable manner, for the 16 events and happenings hereinafter referred to, and thereby proximately and legally 17 18 caused the injuries and damages to Plaintiff as alleged. Plaintiff will amend this 19 Complaint to insert the true names and/or capacities of such fictitiously named 20 Defendants when the same have been ascertained. 21 7. Plaintiff is informed and believe, and thereon allege that Defendant engaged in 22 activities of a lessor and/or landlord at the Subject Property, including but not limited 23 COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAWS. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 5 - Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 to: receiving rents for the Subject Property; being entitled to receive rents for the 2 Subject Property; leasing of the Subject Property; maintenance of the Subject 3 Property; maintaining books, records and accounts for the Subject Property; obtaining 4 and keeping tenants at the Subject Property; negotiation, renewal, extension, 6 modifications and cancellations of leases for the Subject Property; pursuing legal 7 action against tenants for failing to pay rents due for the Subject Property; inspecting 8 ... the Subject Property; distribution of notices for the Subject Property; issuing notices 9 of rental increases, and collecting said rent increases; demanding and accepting rent; 10 }j and/or promulgation of rules for the Subject Property. 12 8. Unless otherwise noted, all above named Defendants will be collectively called or 13 referred to as “Defendant” or “Defendants” throughout this Complaint. 14 9. Venue is proper in Los Angeles County because all of the allegations herein named 15 occurred in this County, and the Plaintiff and Defendants both reside in this County. 16 10. The amount of damages sought herein after is greater than $25,000. This case is 18 within the unlimited jurisdiction of this Court. 19 11. The true names and/or capacities, whether individual, corporate, associate or 20 otherwise, of Defendants DOES 1 through 100, inclusive, are unknown to Plaintiff at 21 this time, and who therefore sue said Defendants by such fictitious names. Plaintiff is 22 informed and believe and thereupon allege that each of the Defendants fictitiously 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW1 8. CONVERSION OF PRIVATE PROPERTYl 9. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 6 - Doc ID: c4cc00830ba047d3f23c37108ca213d4f98862a7 1 named herein as a DOE is legally responsible, negligently or in some other actionable 2 manner, for the events and happenings hereinafter referred to, and thereby 3 proximately and legally caused the injuries and damages to Plaintiff as hereinafter 4 alleged. The Plaintiff will ask leave of Court to amend this Complaint to insert the 6 true names and/or capacities of such fictitiously named Defendants when the same 7 have been ascertained. 8 12. At all times mentioned herein, each of the Defendants and DOES was/were the 9 agent(s), employee(s) and representative(s) of every other Defendant and DOE, and 10 in doing the things hereinafter alleged, was acting within the course and scope of such 12 agency, service and representation, and directed, aided and abetted, authorized or 13 ratified each and every act and conduct hereinafter alleged. 14 13. Plaintiff is informed and believe, and thereon allege, that an officer, director or 15 managing agent of each DOE Defendant, who is an entity, had advance knowledge of 16 the unfitness of the agent, employee or representative who committed unlawful acts 18 and the entity employed such agent, employee or representative with a conscious 19 disregard of the rights and/or safety of others, authorized or ratified the wrongful 20 conduct, or was personally guilty of oppression or malice. 21 14. At all times mentioned herein, each of the Defendants was the co-tortfeasor of each of 22 the other Defendants in doing the things hereinafter alleged. 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT 1 1. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTS. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 1 9. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 7 - Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 1 5. Plaintiffs are informed and believe, and thereon upon allege, that an officer, director, 2 or managing agent of Defendants either committed the following unlawful acts 3 against Plaintiffs or had advance knowledge of the unfitness of agents, employees or 4 representatives who committed the following unlawful acts against Plaintiffs, 6 including on-site and off-site managers, regional managers, property supervisors, 7 repairmen, pest control operators, licensed and unlicensed contractors, as well as 8 individuals by the names who have been identified as DOE Defendants. 9 16. Defendant employed such agent(s), employee(s) or representative(s) as identified as 10 DOE Defendants with a conscious disregard of the rights and/or safety of others, 11 12 authorized or ratified the wrongful conduct by among other things, refusing to change 13 course of action or make repairs in spite of written notices to comply and enforcement 14 measures by the City and County of Los Angeles as alleged in the below paragraphs, 15 in spite of actual notice and knowledge of harms suffered by Plaintiff as alleged in 16 this Complaint and for a period of time exceeding many years. Furthermore, 17 18 Defendants are guilty of oppression and/or malice against Plaintiff. 19 17. Upon information and believe, the Subject Property has been subject to multiple 20 inspections by the Los Angeles Department of Building & Safety “Building 21 Department” the Los Angeles Housing and Community Investment Department 22 “Housing Department” and the Los Angeles Department of Public Health that 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 8 - Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7 1 resulted in citations against the Defendant for multiple violations of the California 2 Civil Code, the California Health and Safety Code, the Los Angeles Municipal Code, 3 or the respective city government municipal code corresponding to the Subject 4 Property. 5 6 18. Upon information and belief, multiple violations were not abated within 35 days of 7 these notices. 8 19. Upon information and belief, the violations issued to Defendants include violations of 9 the Los Angeles County Code, Title 1 1, including but not limited to sections 10 11.16.020, 11.16.030, 11.16.050, 11.16.060, 11.20.140, 11.20.160, 11.20.170, 11 12 11.20.330, 11.20.340, 11.30.010, 11.30.050, 11.30.060, 1 1.30.070, and 11.30.080, 13 deeming the Subject Property a substandard dwelling. 14 20. Los Angeles County Code, Title 11, section 11.20.140 defines a substandard dwelling 15 as “any dwelling, house court, dormitory, hotel, motel or apartment house which, 16 through lack of maintenance or repair, generally endangers the life, limb, health, 17 18 property, safety or welfare of the public, or of the occupants thereof.” 19 21. The habitability violations were and/or are located in the interior and exterior of the 20 Subject Property including illegal unit converted without permits or approvals, bug 21 infestation, mold contamination, improper ventilation, dysfunctional plumbing 22 systems, illegal heater, dysfunctional air conditioning system, deficient 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- - 9 Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 weatherproofing, deteriorated and creaky flooring, and deteriorated floors, walls, 2 ceiling, and doors. 3 22. At all times mentioned herein, Defendants owned, leased, and/or managed the 4 Property and were therefore subject to common law and statutory duties which 6 required Defendants to provide Plaintiff with a habitable apartment that complied 7 with all habitability requirements imposed by federal, state, county, and local law, 8 • including, ... but not limited to: Civil Code section 1941.1 and Health and Safety Code 9 section 17920.3. Notwithstanding these non-waivable and non-delegable duties, 10 j1 Defendants breached their common law and statutory duties of care by failing to 12 repair and maintain the Property. Defendant’s gross failure to maintain the 13 habitability of the Property threatens and/or threatened the health and safety of 14 Plaintiff, her children, and the larger community by exposing them to the hazardous 15 conditions described herein. 16 23. As a consequence of the conditions, Plaintiffs have sustained injuries and health 18 problems caused or exacerbated by the conditions. As an additional consequence of 19 the conditions and the physical injuries caused by the conditions, the Plaintiffs have 20 also sustained mental suffering, frustration and emotional distress. 21 24. Each Plaintiff resided as a tenant in an apartment at the Subject Property during the 22 period in which Defendants owed, managed and exercised possession and control of 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ, 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 10 - Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7 1 the premises. During the tenancies, Plaintiff was and is exposed to the following 2 substandard conditions, which also exist or existed all throughout the Subject 3 Property: 4 a. Illegal unit converted without permits or approvals; 5 6 b. Bug and cockroach infestations; 7 c. Toxic mold contamination; 8 d. Improper ventilation; 9 e. Dysfunctional plumbing systems; 10 f. Illegal electrical panels and daily electrical black-outs; 11 12 g. Dysfunctional air conditioning system; 13 h. Deficient weatherproofing; 14 i. Leaking roof and ceiling; 15 j. Deteriorated and creaky flooring; 16 k. Deteriorated floors, walls, ceiling, and doors. 17 18 25. The Subject Property is an illegal unit, and an unapproved unit on or about August 19 14, 2023. The City of Los Angeles has declared the property to be illegal under case 20 no. 988675 and City government order no. A-6038321. The City of Los Angeles has 21 declared the property to be in grave violation of Los Angeles Municipal Code 22 sections and laws as follows: 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATED. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCE13. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- - 1 1 Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 A. The building or premises is Substandard due to illegal occupancy; 2 B. The building or premises is Substandard due to hazardous plumbing; 3 C. The building or premises is Substandard due to hazardous electrical wiring; 4 D. Approximately 12’ x 16’ garage addition was/is constructed without the required 5 6 permits and approvals; 7 E. Garage conversion into dwelling was/is constructed without the required permits 8 j 1 and approvals; 9 F. Open storage within the required yards; 10 G. Maintenance and repair of existing building and premises. ! 12 26. The Subject Property was given a compliance date of September 13, 2023, yet such 13 repairs were not made according to the law and government requirements. The City 14 of Los Angeles Cited the owners herein for violations of the Los Angeles Municipal 15 Code sections: 91.8902.14, 91.8902, 91.103.1, 91.5R103.1, 12.21A.l(a), 98.0421, 16 91.8902.5, 91.8902, 91.103.1, 12.21A.l(a), 91.8902.4, 91.8902, 91.103.1, 91.8902, 18 91.8105, 91.8104, 91.5R106. 1.1, 91.5R106.1.2, 91.5R108.4, 91.5R106.3.2, 19 91.5R103.1, 91.8105, 91.5R106.1.1, 91.5R106.1.2, 91.5R103.1, 93.0104, 93.0201, 20 94.103.1.1, 95.112.1, 12.03, 12.21A.l.(a), 12.21C.l.(g), 91.8104.2, 91.103.1, 21 91.5R103.1, and 12.21A(l)(a). COMPLAINT FOR DAMAGES FORT. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRAC T 1 4. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 12 - Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 27. The Property suffers from a bug infestation, where small brown and black bugs and 2 cockroaches proliferate throughout the Property. The infestation worsens when it is 3 hot and during the dark hours. 4 28. The Subject Property suffers from extensive mold contamination. The Plaintiff finds 5 6 mold growth in the bathroom on the shower, ceiling, railings/windowsills, and sinks. 7 The Plaintiff alleges the Property’s ventilation and plumbing issues cause and 8 contribute to the mold growth in the Property. Plaintiff is informed and believes and, 9 on that basis, alleges that the mold growth includes mold harmful to human health. 10 Despite regular attempts to clean the visible mold within the apartment, the mold 11 12 reappears because the contamination is entrenched within the walls and foundation of 13 the Property. The Plaintiff sought out a professional to test out the mold 14 contamination, and it is believed that there has been found ELEVATED toxic levels 15 of mold at the property. Such mold is so dangerous that the Plaintiff has developed 16 breathing issues. 17 18 29. The Subject Property suffers from dysfunctional plumbing systems. Plaintiff alleges 19 the plumbing constantly clogs and leaks. One of the bathroom sinks has been clogged 20 for an entire year. 21 /// 22 III 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAWS. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 13 - Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 w 1 30. The Subject Property has an air conditioning system which is extremely 2 dysfunctional. The air conditioning draws large quantities of power, but barely 3 releases any air. 4 31. The heater at the Subject Property is extremely old and illegal in the State of 5 6 California. Plaintiff alleges this heater does not have vents, so the carbon monoxide 7 recycles into the unit, and does not work, as noted by the City of Los Angeles. 8 32. The Subject Property does not have sufficient weatherproofing. There are no locks on 9 the windows, posing a security hazard, the windows have large gaps on them, and 10 11 allow rain and wind to enter freely. The illegally converted addition to the house is 12 not insulated, and large amounts of cold air enters the home. The converted addition 13 has large cracking on it. Plaintiff fears it will fall. The Plaintiff also attests that when 14 it rains, the raining water falls inside of the unit and causes severe damage. Recently, 15 the damage was so bad during the wet season that the Plaintiffs property got 16 destroyed because of the internal water damage. 17 18 33. The Property is generally in a state of deterioration. The flooring is extremely creaky 19 and deteriorated, there are gaps in the walls, and the doors are deteriorated. 20 34. There is no proper vent over the stove and no venting on the heater. 21 35. Despite numerous complaints, Defendants routinely ignore these problems, forcing 22 Plaintiff and the other residents to fend for themselves. 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT11. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 14 - Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7 1 36. Defendants have actual and constructive knowledge of the unsafe and unhealthy 2 conditions in the Property because, among other things, they received multiple 3 government notices informing them of violations of numerous health and safety codes 4 and complaints from tenants, including all Plaintiffs. With a simple visual inspection 5 6 of the Property, it would lay bare the myriad health and safety hazards at the 7 Property. Any reasonably diligent landlord, property owner, or property manager 8 would be aware of these uninhabitable and unsafe conditions. Defendants further 9 have actual and constructive knowledge of their legal obligation to maintain the 10 Property in a safe and habitable condition. 11 12 37. Each adult Plaintiff notified the Defendants and their agents about their habitability 13 violations, but Defendants have failed to correct the habitability conditions. The 14 Defendants, and each of them, are experienced owners and/or managers of low- 15 income residential property and are aware that absent appropriate maintenance and 16 professional pest control, serious habitability violations will develop that would 17 18 seriously and materially affect the Plaintiffs tenancies. 19 38. Despite knowing of the substandard and dangerous conditions at the Property, the 20 Defendants refuse to take action to adequately address them and have ratified the 21 failure of their employees and/or agents to take reasonable corrective action. The 22 Defendants even ignore direct requests from their tenants with complete impunity. 23 COMPLAINT FOR DAMAGES FOR:1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATE12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES, BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW 18. CONVERSION OF PRIVATE PROPERTY 19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 15 - Doc ID: c4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 39. The Defendants have failed to take appropriate remedial measures and to abate the 2 defects in the Subject Property to save money, and to increase the Defendant’s cash 3 flow and net income arising from their ownership and management of the Subject 4 Property. On information and belief, discovery of the Defendant’s profit and loss 6 statements will reveal that, at all relevant times, the Defendants failed to spend 7 sufficient monies on repair, maintenance, and remediation efforts consistent with the g applicable and relevant standards of care to which the Defendants are held as owners, 9 managers, and operators of a residential property. 10 jj 40. The Plaintiff was indeed injured given the actions of the Defendant. Plaintiffs suffer 12 and/or suffered health problems due to the infestation of cockroaches, the mold D contamination, and the generally unsafe and unsanitary conditions in the Property. 14 The Plaintiff regularly suffers from and received medical attention for: cold and flu- 15 like symptoms, respiratory, fatigue, headaches, chest pains, and other related 16 ailments. 18 41. Due to the disgusting daily conditions they endured, Plaintiffs emotional and mental 19 health have suffered. The conditions at the Property in question have caused Plaintiff 20 to experience immense stress, anxiety, depression, fearfulness, worry, loss of appetite, 21 loss of sleep, nightmares, disgust, shame, and embarrassment. Plaintiff has minor 22 children and have suffered the additional anxiety of feeling desperate and helpless to COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HABITABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 1 7200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1. INTENTIONAL INFLUENCE TO VACATED. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTS. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ. 17. UNPERMITTED/ILLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- 16 - Doc ID: c4cc00830ba047d3f23c37108ca2!3d4f98862a7 1 protect their children from the ubiquitous hazards and safety risks in their home and 2 at the Property. 3 42. Plaintiff has sustained and/or continues to sustain a variety of economic damages 4 because of the Defendant’s conduct. Plaintiff alleges the Defendant has damaged their 6 state of mind with his harassment and gross illegal actions forthwith. 7 43. Defendant’s systematic behavior resulting in the aforementioned injuries to Plaintiff 8 • is deliberate and undertaken with malice and/or oppression within the meaning of 9 Civil Code section 3294. 10 44. Defendants’ behavior is malicious because they engage in despicable conduct that 12 willfully and consciously disregards the legal and equitable rights of their tenants. 13 Defendants know that the conditions throughout the Property raise serious health and 14 safety concerns and violate the law and the rights of their tenants, but consciously fail 15 to take corrective action to address said conditions. 16 45. This despicable conduct is oppressive because it subjects the tenant to cruel and 18 unjust hardship in conscious disregard of their rights. Defendant’s conduct is 19 intended to exploit their vulnerable tenants by extracting as much money as possible 20 from them while subjecting them to unlawful, uninhabitable living conditions. 21 46. Defendants, and each of them, individually and/or by and through an officer, director, 22 23 or managing agent, including but not limited to Defendants and DOES 1-100, COMPLAINT FOR DAMAGES FOR: 1. VIOLATION OF CALIFORNIA CIVIL CODE § 1942.42. TORTIOUS 24 BREACH OF THE WARRANTY OF HAB1TABILITY3. PRIVATE NUISANCE4. BUSINESS AND PROFESSIONS CODE § 17200, ET SEQ. 5. NEGLIGENCE 6. BREACH OF COVENANT OF QUIET 25 ENJOYMENT 7. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 8. NEGLIGENCE PER SE9. VIOLATION OF CONSUMER LEGAL REMEDIES ACT, CALIFORNIA CIVIL CODE § 1750, ET SEQ. 10. 26 TOXIC ENVIRONMENTAL MOLD TORT1 1 . INTENTIONAL INFLUENCE TO VACATE 12. VIOLATION OF LOS ANGELES MUNICIPAL TENANT ANTI-HARASSMENT ORDINANCES. BREACH OF CONTRACTU. 27 CONVERSION, PENAL CODE § 49615. TRESPASS TO CHATTELS 16. FALSE ADVERTISING, CALIFORNIA BUSINESS & PROFESSIONS CODE § 17500, ET SEQ.17. UNPERMITTED/1LLEGAL UNIT IN 28 VIOLATION OF COMMON LAW18. CONVERSION OF PRIVATE PROPERTY19. TERMINATION OF ESTATE-DEMAND FOR JURY TRIAL- - 17 Doc ID: O4cc00830ba047d3f23c37108ca2l3d4f98862a7 1 authorized or ratified the conduct for which punitive damages are sought and/or are 2 personally guilty of oppression and malice. 3 47. On information and belief, in spite of numerous Notices and Orders to Comply from 4 government entities, Defendant has failed to correct the cited deficiencies throughout 6 the Subject Property. Government Citations have been issued because of the 7 Defendants’ gross and illegal violations, yet such violations have not been properly 8 rectified according to the law of the City of Los Angeles. 9 48. Throughout the tenancy, the Plaintiff has suffered uninhabitable, substandard housing 10 11 conditions in the building and within their rental unit, including illegal unit converted 12 without permits or approvals, bug and cockroach infestations, mold contamination, 13 improper ventilation, dysfunctional plumbing systems, illegal heater and AC systems, 14 dysfunctional air conditioning system, deficient weatherproofing, deteriorated and 15 creaky flooring, and deteriorated floors, walls, ceiling, and doors. 16 49. On the rare occasions that the Defendant has undertaken repairs at the Subject 17 18 Property, Defendant has done so in a haphazard and substandard manner by failing to 19 hire professional or licensed contractors, failing to actually repair the known 20 substandard conditions and instead performing piecemeal and cosmetic work, and 21 f